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SUMMARY

OF LEGAL
METHOD
Prepared by
Group 5
Oganising Law

 Called structuring or analysing law

 Two aspects:
1. Macro analysis
2. Micro analysis
Macro Analysis

 Involves looking at the big picture or the


overall shape, boundaries and structure
of a subject and showing how it hangs
together.

 It gives a framework or structure that


allows a person to relate each law or rule
to some other law or laws.
Micro Analysis

 Performed on each law or rule within an


area of law.

 Three parts of Micro Analysis:


1. Elements
2. Consequences
3. Conditional Statement
Forming Law
“Legislatures make statute law and courts
make common law.”

3 Components or Steps in Making and


Interpreting Law:
 Step 1: Options.
 Step 2. Reasons.
 Step 3. Decision.
Forming Law
Step 1: Options.

 Options facing the legislature or court about


to make a law or a court about to interpret
law.

2 Parts:
1. The possible laws which a legislature or court
can make, or the meanings of an
ambiguous provision in statute or common
law that a court has to interpret.
2. The effect that each will cause.
Forming Law
Step 2. Reasons.

 Theprocess of reasoning that legislators


and courts use in order to choose
between the options.

3 Main Sources of Reasons:


1. Policy
2. Maxims
3. Precedent
Forming Law
Step 3. Decision.

 The final step is a decision by a legislature or court


to choose one of the options.

The decision to choose one of the options:


1. The final decision of a legislature in the legislative
process is the making of a statute.
2. For court, the final legislative decision is the
making of a common law rule.
3. For a court that is interpreting law, the final
decision is interpreting the ambiguous provision
by deciding that one of the meanings is the
correct legal meaning.
USING LAW
 Law is used in litigation and transactions.

 Litigationinvolves a claim by a party that


a legal rule applies to certain facts that
they believe have occurred.
 Transaction involves a person, often with
the help of a lawyer, creating facts to
present time to bring about some desired
consequence such as making a will or
incorporating a company.
USING LAW
MODEL FOR LITIGATION
Law Facts Evidence

Element 1 Fact 1 Evidence 1

Element 2 Fact 2 Evidence 2

Element n Fact n Evidence n

Consequences
USING LAW
MODEL FOR TRANSACTIONS
Law Facts Evidence

Element 1 Fact 1 Process 1

Element 2 Fact 2 Process 2

Element n Fact n Process n

Consequences
COMMUNICATING LAW
 Consists of the related tasks of writing and
reading law.

Writing Law
 Good writing is clear writing and the key
to clear writing is to structure it.
 It is not comprehensive but aims instead
to deal with the fundamental task which is
to convey information clearly.
COMMUNICATING LAW
Levels of Writing Law:
• Level 1: Words.
• Level 2: Sentences.
• Level 3: Linking Sentences.
• Level 4: Paragraphs.
• Level 5: Linking Paragraphs.
• Level 6: Overall Structure.
COMMUNICATING LAW
Reading Law
 Reading and writing are complementary
activities.
 Therefore, the basic technique for reading
is for clear writing looked at from the
opposite direction.
 To read law, the technique is to find the
right structure.
Thank you !!!

Have a nice
Day …..